Andres v. Marshall et al
Plaintiff: Kevin Lamarr Andres
Defendant: C.O. Marshall, C.C. II. R. Olson, C.C.II J. Ramirez and Briggs, Mr.
Case Number: 3:2013cv01733
Filed: July 24, 2013
Court: US District Court for the Southern District of California
Office: San Diego Office
County: San Diego
Presiding Judge: Dana M Sabraw
Referring Judge: Bernard G Skomal
Nature of Suit: Prisoner: Civil Rights
Cause of Action: 42 U.S.C. § 1983 pr Prisoner Civil Rights
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on December 7, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 7, 2018 Opinion or Order Filing 178 ORDER Denying #177 Request for Entry of Default. Signed by Judge Dana M. Sabraw on 12/7/2018. (All non-registered users served via U.S. Mail Service)(aef)
November 16, 2018 Filing 177 MOTION for Entry of Default by Kevin Lamarr Andres. Nunc Pro Tunc 11/15/2018. (aef)
November 16, 2018 Opinion or Order Filing 176 Notice of Document Discrepancies and Order Thereon by Judge Dana M. Sabraw Accepting Document: Motion for Entry of Default, from Plaintiff Kevin Lamarr Andres. Non-compliance with local rule(s), Civ. L. Rule 5.1: Missing time and date on motion and/or supporting documentation, Civ. L. Rule 7.1: Lacking memorandum of points and authorities in support as a separate document, OTHER: Case closed per Order dated 5/18/2018 (ECF No. 172). Nunc Pro Tunc 11/15/2018. Signed by Judge Dana M. Sabraw on 11/16/2018.(All non-registered users served via U.S. Mail Service)(aef)
October 1, 2018 Filing 175 NOTICE of Change of Address by Kevin Lamarr Andres (jms)
September 13, 2018 Opinion or Order Filing 174 ORDER of USCA as to #106 Notice of Appeal to 9th Circuit, filed by Kevin Lamarr Andres. We treat Andres's filing as a motion to refund the filing fee, and deny the motion. Although Andres is entitled to costs on appeal, the filing fee for the notice of appeal is taxable in the USDC. (akr)
September 10, 2018 Filing 173 NOTICE of Change of Address by Kevin Lamarr Andres (jms)
May 18, 2018 Opinion or Order Filing 172 ORDER Dismissing this action in its entirety with prejudice. (ECF #171 ) The Court GRANTS the Motion and dismisses this action in its entirety with prejudice. Signed by Judge Dana M. Sabraw on 5/18/2018. (All non-registered users served via U.S. Mail Service)(aef)
May 18, 2018 Filing 171 Joint MOTION to Dismiss the Action in its Entirety with Prejudice by Marshall. (Snyder, Sylvie) (aef).
May 10, 2018 Filing 170 MOTION for Interrogatories by Kevin Lamarr Andres. Nunc Pro Tunc 5/3/2018. (aef)
May 10, 2018 Opinion or Order Filing 169 Notice of Document Discrepancies and Order Thereon by Magistrate Judge Bernard G. Skomal Accepting Document: Request for Interrogatories, from Plaintiff Kevin Lamarr Andres. Non-compliance with local rule(s), Civ. L. Rule 5.1: Missing time and date on motion and/or supporting documentation, Civ. L. Rule 7.1: Lacking memorandum of points and authorities in support as a separate document. Nunc Pro Tunc 5/3/2018. Signed by Magistrate Judge Bernard G. Skomal on 5/10/2018.(All non-registered users served via U.S. Mail Service)(aef)
May 10, 2018 Filing 168 MOTION for Continuance of Discovery and Other Relief by Kevin Lamarr Andres. Nunc Pro Tunc 5/3/2018. (aef)
May 10, 2018 Opinion or Order Filing 167 Notice of Document Discrepancies and Order Thereon by Magistrate Judge Bernard G. Skomal Accepting Document: Motion for Continuance of Discovery and Other Relief, from Plaintiff Kevin Lamarr Andres. Non-compliance with local rule(s), Civ. L. Rule 5.1: Missing time and date on motion and/or supporting documentation, Civ. L. Rule 7.1: Lacking memorandum of points and authorities in support as a separate document. Nunc Pro Tunc 5/3/2018. Signed by Magistrate Judge Bernard G. Skomal on 5/10/2018.(All non-registered users served via U.S. Mail Service)(aef)
May 4, 2018 Filing 166 Minute Entry for proceedings held before Magistrate Judge Bernard G. Skomal: Judge Skomal held a Mandatory Settlement Conference on May 4, 2018, during which he settled this action as well as Andres v. Silva (16-cv-01878-MMA-RNB), another action Plaintiff has pending in the District. The parties have indicated that they will file Joint Motions to Dismiss as to both actions by May 18, 2018. (Defendant Attorney Sylvie Plamondon Snyder). (All non-registered users served via U.S. Mail Service)(no document attached) (ad1) Modified to correct date filed on 6/4/2018 (knb).
May 2, 2018 Filing 165 MOTION for Extension of Time by Kevin Lamarr Andres. Nunc Pro Tunc 5/2/2018. (aef)
May 2, 2018 Opinion or Order Filing 164 Notice of Document Discrepancies and Order Thereon by Magistrate Judge Bernard G. Skomal Accepting Document: Motion for Extension of Time, from Plaintiff Kevin Lamarr Andres. Non-compliance with local rule(s), Civ. L. Rule 5.1: Missing time and date on motion and/or supporting documentation, Civ. L. Rule 7.1: Lacking memorandum of points and authorities in support as a separate document. Nunc Pro Tunc 5/2/2018. Signed by Magistrate Judge Bernard G. Skomal on 5/2/2018.(All non-registered users served via U.S. Mail Service)(aef)
May 2, 2018 Filing 163 REQUEST FOR JUDICIAL NOTICE by Kevin Lamarr Andres (dsn)
May 1, 2018 Filing 162 MOTION to Enforce Mandate Awarding Costs by Kevin Lamarr Andres. Nunc Pro Tunc 4/30/2018. (aef)
May 1, 2018 Opinion or Order Filing 161 Notice of Document Discrepancies and Order Thereon by Magistrate Judge Bernard G. Skomal Accepting Document: Motion to Enforce Mandate Awarding Costs, from Plaintiff Kevin Lamarr Andres. Non-compliance with local rule(s), Civ. L. Rule 5.1: Missing time and date on motion and/or supporting documentation, Civ. L. Rule 7.1: Lacking memorandum of points and authorities in support as a separate document. Nunc Pro Tunc 4/30/2018. Signed by Magistrate Judge Bernard G. Skomal on 5/1/2018.(All non-registered users served via U.S. Mail Service)(aef)
April 24, 2018 Filing 160 NOTICE of Change of Hearing: Due to a conflict with the Court's calendar, the Mandatory Settlement Conference currently set for May 4, 2018 at 1:30 PM is RESCHEDULED to May 4, 2018 at 9:30 AM before Magistrate Judge Bernard G. Skomal. Defendant and defense counsel shall personally attend. Plaintiff shall appear telephonically. Counsel for Defendant shall assist in coordinating the arrangements for Plaintiff's telephonic appearance. (All non-registered users served via U.S. Mail Service)(no document attached) (ad1)
April 20, 2018 Filing 159 MOTION to Subpoena Defendant's Expert Witness by Kevin Lamarr Andres. Nunc Pro Tunc 4/19/2018. (aef)
April 20, 2018 Opinion or Order Filing 158 Notice of Document Discrepancies and Order Thereon by Magistrate Judge Bernard G. Skomal Accepting Document: Motion to Subpoena Defendant's Expert Witness, from Plaintiff Kevin Lamarr Andres. Non-compliance with local rule(s), Civ. L. Rule 5.1: Missing time and date on motion and/or supporting documentation, Civ. L. Rule 7.1: Lacking memorandum of points and authorities in support as a separate document. Nunc Pro Tunc 4/19/2018. Signed by Magistrate Judge Bernard G. Skomal on 4/20/2019.(All non-registered users served via U.S. Mail Service)(aef)
April 19, 2018 Filing 157 MOTION to File Discovery by Kevin Lamarr Andres. Nunc Pro Tunc 4/18/2018. (aef)
April 19, 2018 Opinion or Order Filing 156 Notice of Document Discrepancies and Order Thereon by Magistrate Judge Bernard G. Skomal Accepting Document: Motion to File Discovery, from Plaintiff Kevin Lamarr Andres. Non-compliance with local rule(s), Civ. L. Rule 5.1: Missing time and date on motion and/or supporting documentation, Civ. L. Rule 7.1: Lacking memorandum of points and authorities in support as a separate document, OTHER: Civ.L. Rule 33.1(c), 36.1(c) filing of discovery documents is not permitted. Nunc Pro Tunc 4/18/2018. Signed by Magistrate Judge Bernard G. Skomal on 4/19/2018.(All non-registered users served via U.S. Mail Service)(aef)
April 19, 2018 Filing 155 MOTION for Continuance on Discovery, MOTION for Sanctions, MOTION for Production of Documents by Kevin Lamarr Andres. Nunc Pro Tunc 4/18/2018. (aef)
April 19, 2018 Opinion or Order Filing 154 Notice of Document Discrepancies and Order Thereon by Magistrate Judge Bernard G. Skomal Accepting Document: Motion for Continuance on Discovery, Request for Sanctions, and Production of Documents, from Plaintiff Kevin Lamarr Andres. Non-compliance with local rule(s), Civ. L. Rule 5.1: Missing time and date on motion and/or supporting documentation, Civ. L. Rule 7.1: Lacking memorandum of points and authorities in support as a separate document. Nunc Pro Tunc 4/18/2018. Signed by Magistrate Judge Bernard G. Skomal on 4/19/2018.(All non-registered users served via U.S. Mail Service)(aef)
April 19, 2018 Filing 153 MOTION to Subpoena Witnesses by Kevin Lamarr Andres. Nunc Pro Tunc 4/18/2018. (aef)
April 19, 2018 Opinion or Order Filing 152 Notice of Document Discrepancies and Order Thereon by Magistrate Judge Bernard G. Skomal Accepting Document: Motion to Subpoena Witnesses, from Plaintiff Kevin Lamarr Andres. Non-compliance with local rule(s), Civ. L. Rule 5.1: Missing time and date on motion and/or supporting documentation, Civ. L. Rule 7.1: Lacking memorandum of points and authorities in support as a separate document, OTHER: Motion to Subpoena Witnesses previously filed on 4/16/2018 and is currently pending (ECF No. 151). Nunc Pro Tunc 4/18/2018. Signed by Magistrate Judge Bernard G. Skomal on 4/19/2018.(All non-registered users served via U.S. Mail Service)(aef)
April 16, 2018 Filing 151 MOTION to Subpoena Witnesses by Kevin Lamarr Andres. Nunc Pro Tunc 4/13/2018. (aef)
April 16, 2018 Opinion or Order Filing 150 Notice of Document Discrepancies and Order Thereon by Magistrate Judge Bernard G. Skomal Accepting Document: Motion to Subpoena Witnesses, from Plaintiff Kevin Lamarr Andres. Non-compliance with local rule(s), Civ. L. Rule 5.1: Missing time and date on motion and/or supporting documentation, Civ. L. Rule 7.1: Lacking memorandum of points and authorities in support as a separate document. Nunc Pro Tunc 4/13/2018. Signed by Magistrate Judge Bernard G. Skomal on 4/16/2018.(All non-registered users served via U.S. Mail Service)(aef)
April 11, 2018 Filing 149 MOTION for Temporary Restraining Order and Injunction by Kevin Lamarr Andres. Nunc Pro Tunc 4/9/2018. (aef)
April 11, 2018 Opinion or Order Filing 148 Notice of Document Discrepancies and Order Thereon by Magistrate Judge Bernard G. Skomal Accepting Document: Motion for Temporary Restraining Order and Injunction, from Plaintiff Kevin Lamarr Andres. Non-compliance with local rule(s), Civ. L. Rule 5.1: Missing time and date on motion and/or supporting documentation, Civ. L. Rule 7.1: Lacking memorandum of points and authorities in support as a separate document. Nunc Pro Tunc 4/9/2018. Signed by Magistrate Judge Bernard G. Skomal on 4/11/2018.(All non-registered users served via U.S. Mail Service)(aef)
April 10, 2018 Filing 147 Motion for Reconsideration Regarding Request for an Expert Witness and Investigator by Kevin Lamarr Andres. Nunc Pro Tunc 4/5/2018. (aef)
April 10, 2018 Opinion or Order Filing 146 Notice of Document Discrepancies and Order Thereon by Magistrate Judge Bernard G. Skomal Accepting Document: Motion for Reconsideration Regarding Request for an Expert Witness and Investigator, from Plaintiff Kevin Lamarr Andres. Non-compliance with local rule(s), Civ. L. Rule 5.1: Missing time and date on motion and/or supporting documentation, Civ. L. Rule 7.1: Lacking memorandum of points and authorities in support as a separate document. Nunc Pro Tunc 4/5/2018. Signed by Magistrate Judge Bernard G. Skomal on 4/10/2018.(All non-registered users served via U.S. Mail Service)(aef)
April 10, 2018 Filing 145 Motion for Extension of Discovery Deadline and to Subpoena Witnesses and Medical Records by Kevin Lamarr Andres. Nunc Pro Tunc 4/5/2018. (aef)
April 10, 2018 Opinion or Order Filing 144 Notice of Document Discrepancies and Order Thereon by Magistrate Judge Bernard G. Skomal Accepting Document: Motion for Extension of Discovery Deadline and to Subpoena Witnesses and Medical Records, from Plaintiff Kevin Lamarr Andres. Non-compliance with local rule(s), Civ. L. Rule 5.1: Missing time and date on motion and/or supporting documentation, Civ. L. Rule 7.1: Lacking memorandum of points and authorities in support as a separate document. Nunc Pro Tunc 4/5/2018. Signed by Magistrate Judge Bernard G. Skomal on 4/10/2018.(All non-registered users served via U.S. Mail Service)(aef)
April 10, 2018 Filing 143 MOTION for Extension of Discovery Deadline by Kevin Lamarr Andres. Nunc Pro Tunc 4/4/2018. (aef)
April 10, 2018 Opinion or Order Filing 142 Notice of Document Discrepancies and Order Thereon by Magistrate Judge Bernard G. Skomal Accepting Document: Motion for Extension of Discovery Deadline, from Plaintiff Kevin Lamarr Andres. Non-compliance with local rule(s), Civ. L. Rule 5.1: Missing time and date on motion and/or supporting documentation, Civ. L. Rule 7.1: Lacking memorandum of points and authorities in support as a separate document. Nunc Pro Tunc 4/4/2018. Signed by Magistrate Judge Bernard G. Skomal on 4/10/2018.(All non-registered users served via U.S. Mail Service)(aef)
March 29, 2018 Opinion or Order Filing 141 ORDER Denying #140 Motion to Consolidate. Signed by Magistrate Judge Bernard G. Skomal on 3/29/2018. (All non-registered users served via U.S. Mail Service)(aef)
March 28, 2018 Filing 140 MOTION to Consolidate Claims by Kevin Lamarr Andres. Nunc Pro Tunc 3/22/2018. (aef)
March 28, 2018 Opinion or Order Filing 139 Notice of Document Discrepancies and Order Thereon by Magistrate Judge Bernard G. Skomal Accepting Document: Motion to Consolidate Claims, from Plaintiff Kevin Lamarr Andres. Non-compliance with local rule(s), Civ. L. Rule 5.1: Missing time and date on motion and/or supporting documentation, Civ. L. Rule 7.1: Lacking memorandum of points and authorities in support as a separate document. Nunc Pro Tunc 3/22/2018. Signed by Magistrate Judge Bernard G. Skomal on 3/28/2018.(All non-registered users served via U.S. Mail Service)(aef)
March 14, 2018 Filing 138 NOTICE of Change of Address by Kevin Lamarr Andres (dsn)
March 5, 2018 Opinion or Order Filing 137 ORDER: (1) Requiring Plaintiff to File a Notice of Change of Address; (2) Directing the Clerk to mail Plaintiff Copies of the Case Docket and Recent Orders; and (3) Denying Motions #134 Motion for Reconsideration and #136 Assistance of Counsel as Moot. Plaintiff is directed to file a Notice of Change of Address with the Court confirming his current mailing address within seven days. Signed by Magistrate Judge Bernard G. Skomal on 3/5/2018. (Copy of Docket and Order mailed to Plaintiff) (All non-registered users served via U.S. Mail Service)(aef)
February 27, 2018 Filing 136 MOTION for Assistance of Counsel by Kevin Lamarr Andres. Nunc Pro Tunc 2/26/2018. (aef)
February 27, 2018 Opinion or Order Filing 135 Notice of Document Discrepancies and Order Thereon by Magistrate Judge Bernard G. Skomal Accepting Document: Motion for Assistance of Counsel, from Plaintiff Kevin Lamarr Andres. Non-compliance with local rule(s), Civ. L. Rule 5.1: Missing time and date on motion and/or supporting documentation, Civ. L. Rule 7.1: Lacking memorandum of points and authorities in support as a separate document, OTHER: Civ.L. Rule 5.2 Missing proof of service. Nunc Pro Tunc 2/26/2018. Signed by Magistrate Judge Bernard G. Skomal on 2/27/2018.(All non-registered users served via U.S. Mail Service)(aef)
January 17, 2018 Filing 134 MOTION for Reconsideration by Kevin Lamarr Andres. Nunc Pro Tunc 1/11/2018. (aef)
January 17, 2018 Opinion or Order Filing 133 Notice of Document Discrepancies and Order Thereon by Magistrate Judge Bernard G. Skomal Accepting Document: Motion for Reconsideration, from Plaintiff Kevin Lamarr Andres. Non-compliance with local rule(s), Civ. L. Rule 5.1: Missing time and date on motion and/or supporting documentation, Civ. L. Rule 7.1: Lacking memorandum of points and authorities in support as a separate document, OTHER: Civ.L. Rule 5.2 Missing proof of service. Nunc Pro Tunc 1/11/2018. Signed by Magistrate Judge Bernard G. Skomal on 1/17/2018.(All non-registered users served via U.S. Mail Service)(aef)
December 14, 2017 Opinion or Order Filing 132 ORDER: (1) Denying #131 Plaintiff's Motion for Counsel on Deposition, Assistance with Expert Witness, and Assistance with Investigators; and (2) Granting #129 Plaintiff's Motion for Extension of Time and Amending Case Management Order. The Court's prior Case Management Order (ECF No. 119) is AMENDED as follows: A Mandatory Settlement Conference is set for 5/4/2018 at 01:30 PM before Magistrate Judge Bernard G. Skomal. The Proposed Final Pretrial Conference Order is due by 6/8/2018. The Final Pretrial Conference is set for 6/15/2018 at 10:30 AM before Judge Dana M. Sabraw. The Jury Trial is set for 7/16/2018 at 09:00 AM before Judge Dana M. Sabraw. Signed by Magistrate Judge Bernard G. Skomal on 12/14/2017. (All non-registered users served via U.S. Mail Service)(aef)
December 4, 2017 Filing 131 MOTION for Counsel on Deposition, Assistance with Expert Witness, and Assistance with Investigators by Kevin Lamarr Andres. Nunc Pro Tunc 12/1/2017. (aef).
December 4, 2017 Opinion or Order Filing 130 Notice of Document Discrepancies and Order Thereon by Magistrate Judge Bernard G. Skomal Accepting Document: Motion for Counsel on Deposition, Assistance with Expert Witness, and Assistance with Investigators, from Plaintiff Kevin Lamarr Andres. Non-compliance with local rule(s), Civ. L. Rule 5.1: Missing time and date on motion and/or supporting documentation, Civ. L. Rule 7.1: Lacking memorandum of points and authorities in support as a separate document. Nunc Pro Tunc 12/1/2017. Signed by Magistrate Judge Bernard G. Skomal on 12/4/2017.(All non-registered users served via U.S. Mail Service)(aef)
December 4, 2017 Filing 129 MOTION for Extension of Time by Kevin Lamarr Andres. Nunc Pro Tunc 12/1/2017. (aef)
December 4, 2017 Opinion or Order Filing 128 Notice of Document Discrepancies and Order Thereon by Magistrate Judge Bernard G. Skomal Accepting Document: Motion for Extension of Time, from Plaintiff Kevin Lamarr Andres. Non-compliance with local rule(s), Civ. L. Rule 5.1: Missing time and date on motion and/or supporting documentation, Civ. L. Rule 7.1: Lacking memorandum of points and authorities in support as a separate document. Nunc Pro Tunc 12/1/2017. Signed by Magistrate Judge Bernard G. Skomal on 12/4/2017.(All non-registered users served via U.S. Mail Service)(aef)
November 20, 2017 Opinion or Order Filing 127 ORDER Re Plaintiff's Improper Filing of Discovery Requests and Responses. (ECF Nos. 124-126) Plaintiff must serve Defendant with any discovery requests, including those docketed on November 20, 2017 as ECF No. 126, and any further required responses to discovery requests. Further, until they are to be used in proceedings (e.g., in support of a motion), Plaintiff is not to file any discovery requests or responses to Defendant's discovery requests. Signed by Magistrate Judge Bernard G. Skomal on 11/20/2017.(All non-registered users served via U.S. Mail Service)(aef)
November 20, 2017 Filing 126 Plaintiff's First Set of Requests for Admissions and Requests for Production of Documents by Kevin Lamarr Andres. Nunc Pro Tunc 11/16/2017. (aef)
November 20, 2017 Opinion or Order Filing 125 Notice of Document Discrepancies and Order Thereon by Magistrate Judge Bernard G. Skomal Accepting Document: Plaintiffs First Set of Requests for Admissions and Requests for Production of Documents, from Plaintiff Kevin Lamarr Andres. Non-compliance with local rule(s), OTHER: L.R. 33.I(c) - Filing of discovery documents is not permitted. Nunc Pro Tunc 11/16/2017. Signed by Magistrate Judge Bernard G. Skomal on 11/20/2017.(All non-registered users served via U.S. Mail Service)(aef)
November 15, 2017 Opinion or Order Filing 124 Notice of Document Discrepancies and Order Thereon by Magistrate Judge Bernard G. Skomal Rejecting Document: Response to Request for Production of Documents, from Plaintiff Kevin Lamarr Andres. Non-compliance with local rule(s), OTHER: L.R. 33.I(c) - Filing of discovery documents is not permitted, Rejected document was returned to the filer. Signed by Magistrate Judge Bernard G. Skomal on 11/15/2017.(All non-registered users served via U.S. Mail Service)(aef) (Additional attachment(s) added on 11/15/2017: #1 Rejected Document) (aef).
October 25, 2017 Opinion or Order Filing 123 ORDER Granting #122 Ex Parte Application to Take Deposition of Kevin Lamarr Andres, an Incarcerated person. The Application (ECF No. 122) is GRANTED and Defendant is given leave to take the deposition of Plaintiff pursuant to Rule 30(a)(2)(B). Signed by Magistrate Judge Bernard G. Skomal on 10/25/2017. (All non-registered users served via U.S. Mail Service)(aef)
October 23, 2017 Filing 122 Ex Parte MOTION to Take Deposition from Kevin Lamarr Andres, an Incarcerated Person by Marshall. (Attachments: #1 Proof of Service -Certificate of Service)(Snyder, Sylvie) (dsn).
October 4, 2017 Filing 121 ANSWER to #78 Amended Complaint, and Request for Jury Trial by Marshall. (Attachments: #1 Proof of Service -Certificate of Service)(Snyder, Sylvie) (dsn).
September 29, 2017 Opinion or Order Filing 120 ORDER Setting Mandatory Settlement Conference for April 4, 2018. A Mandatory Settlement Conference is set for 4/4/2018 at 01:30 PM before Magistrate Judge Bernard G. Skomal. Signed by Magistrate Judge Bernard G. Skomal on 9/29/2017.(All non-registered users served via U.S. Mail Service)(aef)
September 20, 2017 Opinion or Order Filing 119 CASE MANAGEMENT ORDER Regulating Discovery and Other Pretrial Proceedings. A Mandatory Settlement Conference shall be held on or before 4/4/2018. The Settlement Conference shall be set by separate order of the Magistrate Judge. The Proposed Final Pretrial Conference Order is due by 5/11/2018. The Final Pretrial Conference is set for 5/18/2018 at 10:30 AM before Judge Dana M. Sabraw. The Jury Trial is set for 6/18/2018 at 09:00 AM before Judge Dana M. Sabraw. Signed by Judge Dana M. Sabraw on 9/20/2017.(All non-registered users served via U.S. Mail Service)(aef)
September 20, 2017 Filing 118 MANDATE of USCA vacating and remanding to the USDC as to #106 Notice of Appeal to the 9th Circuit, filed by Kevin Lamarr Andres. (akr)
September 20, 2017 Filing 117 Minute Entry for proceedings held before Judge Dana M. Sabraw: Appeal Mandate Hearing held on 9/20/2017. Appeal Mandate ordered filed for USCA Case Number: 15-56057. Defendant Marshall to file an answer within two weeks. Court to issue scheduling order.(Court Reporter/ECR Lee Ann Pence). (Plaintiff Attorney Kevin Lamarr Andress, appeared telephonically). (Defendant Attorney Sylvie Snyder). (no document attached) (jak)
August 31, 2017 Filing 116 NOTICE of Spreading the Mandate: Appeal Mandate Hearing set for 9/20/2017 10:30 AM in Courtroom 13A before Judge Dana M. Sabraw. (All non-registered users served via U.S. Mail Service)(jak)
May 15, 2017 Opinion or Order Filing 115 ORDER of USCA as to #106 Notice of Appeal to 9th Circuit, filed by Kevin Lamarr Andres. Appellees' motion for an extension of time to file a petition for rehearing is granted. Any petition for rehearing is due by June 2, 2017. (akr)
April 27, 2016 Opinion or Order Filing 114 Notice of Document Discrepancies and Order Thereon by Judge Dana M. Sabraw Rejecting Document: Motion to Proceed IFP, from Plaintiff Kevin Lamarr Andres. Non-compliance with local rule(s), OTHER: case closed; moot IFP granted on 9/16/13 (ECF No. 4). Signed by Judge Dana M. Sabraw on 4/27/2016.(All non-registered users served via U.S. Mail Service)(aef) (Additional attachment(s) added on 4/27/2016: #1 Rejected Document) (aef).
April 27, 2016 Opinion or Order Filing 113 Notice of Document Discrepancies and Order Thereon by Judge Dana M. Sabraw Rejecting Document: Motion for Leave to Amend (with Proposed Amended Complaint attached), from Plaintiff Kevin Lamarr Andres. Non-compliance with local rule(s), Civ. L. Rule 5.1: Missing time and date on motion and/or supporting documentation, OTHER: case closed - Judgment entered on 6/11/15 (Doc. No. 104) and Appeal pending in Ninth Circuit (Doc. Nos. 106-112). Signed by Judge Dana M. Sabraw on 4/27/2016.(All non-registered users served via U.S. Mail Service)(knb) (Additional attachment(s) added on 4/27/2016: #1 Rejected Document) (knb).
July 28, 2015 Opinion or Order Filing 112 ORDER of USCA t/w Prisoner Authorization Form as to #106 Notice of Appeal to 9th Circuit, filed by Kevin Lamarr Andres. Appellant has been granted leave to proceed in forma pauperis and has completed and filed the required authorization form directing the appropriate prison officials to assess, collect, and forward to the USDC the filing and docketing fees for this appeal. USCA assesses and defines initial filing fee. Appellant is not responsible for payment when the funds in appellant's prison trust account total less than $10, but payments must resume when additional deposits are made or funds are otherwise available. The Clerk shall serve this order and appellant's completed authorization form on the Attorney General for the State of California, who shall notify the appropriate agency or prison authority responsible for calculating, collecting, and forwarding the initial payment assessed in this order and for assessing, collecting, and forwarding the remaining monthly payments of the fee to the USDC for this appeal. Each payment should be accompanied by the USDC and appellate docket numbers for this appeal and a record of previous payments made for this appeal. (cc: USDC Financial Department). (akr)
July 10, 2015 Opinion or Order Filing 111 ORDER granting 107 Plaintiff's Motion to Proceed in forma pauperis on Appeal. The Court does not find that the appeal is taken in bad faith or that Plaintiff is not otherwise entitled to proceed in forma pauperis. Accordingly, Plaintiff's motion to proceed in forma pauperis on appeal is granted. Signed by Judge Dana M. Sabraw on 7/10/2015. (USCA Case Number 15-56057. Order electronically transmitted to the US Court of Appeals. All non-registered users served via U.S. Mail Service.) (akr)
July 8, 2015 Filing 110 REFERRAL NOTICE from USCA as to #106 Notice of Appeal to 9th Circuit, filed by Kevin Lamarr Andres. This matter is referred to the USDC for the limited purpose of determining whether in forma pauperis status should continue for this appeal or whether the appeal is frivolous or taken in bad faith. If the USDC elects to revoke in forma pauperis status, the USDC is requested to notify the USCA and the parties of such determination within 21 days of the date of this referral. If the USDC does not revoke in forma pauperis status, such status will continue automatically for this appeal pursuant to FRAP 24(a). This referral shall not affect the briefing schedule previously established by the USCA. (akr)
July 8, 2015 Filing 109 USCA Time Schedule Order as to #106 Notice of Appeal to 9th Circuit, filed by Kevin Lamarr Andres. (akr)
July 8, 2015 Filing 108 USCA Case Number 15-56057 for #106 Notice of Appeal to 9th Circuit, filed by Kevin Lamarr Andres. (akr)
July 6, 2015 Filing 107 MOTION and Affidavit re Appeal in forma pauperis, by Kevin Lamarr Andres. (Motion included in the documents filed at #106 Notice of Appeal.) (no document attached) (akr)
July 6, 2015 Filing 106 NOTICE OF APPEAL to the 9th Circuit t/w Motion and Affidavit re Appeal in forma pauperis as to #104 Clerk's Judgment, by Kevin Lamarr Andres. IFP Status. (Attachments: #1 Motion and Affidavit re Appeal in forma pauperis, #2 Attachments, #3 Envelope). (Notice of Appeal electronically transmitted to the US Court of Appeals.) (akr)
June 16, 2015 Opinion or Order Filing 105 Notice of Document Discrepancies and Order Thereon by Magistrate Judge Bernard G. Skomal Rejecting Document: Motion for Leave to Amend/Supplement & Oppo to Motion to Dismiss, from Plaintiff Kevin Lamarr Andres. Non-compliance with local rule(s), Civ. L. Rule 5.1: Missing time and date on motion and/or supporting documentation, Civ. L. Rule 7.1: Lacking memorandum of points and authorities in support as a separate document, OTHER: Case closed. Plaintiff informed can refile case when administrative remedies exhausted. Signed by Magistrate Judge Bernard G. Skomal on 6/16/2015.(All non-registered users served via U.S. Mail Service)(aef) (Additional attachment(s) added on 6/16/2015: #1 Rejected Document) (aef).
June 11, 2015 Filing 104 CLERK'S JUDGMENT. IT IS SO ORDERED AND ADJUDGED the Court adopts the R&R. Accordingly, the amended complaint is dismissed in its entirety without leave to amend and without prejudice to refiling the action upon proper exhaustion of administrative remedies.(All non-registered users served via U.S. Mail Service)(aef)
June 11, 2015 Opinion or Order Filing 103 ORDER ADOPTING REPORT AND RECOMMENDATION. (Re: Doc. #92 ) The Court adopts the R&R. Accordingly, the amended complaint is dismissed in its entirety without leave to amend and without prejudice to refiling the action upon proper exhaustion of administrative remedies. Signed by Judge Dana M. Sabraw on 6/10/2015.(All non-registered users served via U.S. Mail Service)(aef)
May 6, 2015 Filing 102 NOTICE of Change of Address by Sylvie Plamondon Snyder (Snyder, Sylvie) (dlg).
May 6, 2015 Opinion or Order Filing 101 ORDER Denying #96 , #100 Plaintiff's Motions for Counsel, #96 Reconsideration, and #98 Motion for Extension of Time to File Opposition. Plaintiff's motion for counsel is DENIED without prejudice. The motion for reconsideration is DENIED. The request for an extension is granted in part and denied in part. If Plaintiff timely files an opposition, Defendant may file a reply within 5 days of receiving the opposition. The hearing set for May 22, 2015 is VACATED and the motion will be taken under submission and decided on the papers. Signed by Magistrate Judge Bernard G. Skomal on 5/6/2015. (All non-registered users served via U.S. Mail Service)(aef)
May 5, 2015 Filing 100 MOTION to Appoint Counsel by Kevin Lamarr Andres. Nunc Pro Tunc 5/4/2015. (aef)
May 5, 2015 Opinion or Order Filing 99 Notice of Document Discrepancies and Order Thereon by Magistrate Judge Bernard G. Skomal Accepting Document: Motion for Counsel, from Plaintiff Kevin Lamarr Andres. Non-compliance with local rule(s), Civ. L. Rule 7.1: Date noticed for hearing not in compliance with rules/documents are not timely, Civ. L. Rule 7.1: Lacking memorandum of points and authorities in support as a separate document, OTHER: Improper format; Missing Certificate of Service. Nunc Pro Tunc 5/4/2015. Signed by the Chambers of Magistrate Judge Bernard G. Skomal on 5/5/2015.(All non-registered users served via U.S. Mail Service)(aef)
May 5, 2015 Filing 98 MOTION for Extension of Time to File Response to Motion to Dismiss by Kevin Lamarr Andres. Nunc Pro Tunc 5/4/2015. (aef)
May 5, 2015 Opinion or Order Filing 97 Notice of Document Discrepancies and Order Thereon by Magistrate Judge Bernard G. Skomal Accepting Document: Motion for Extension of time to Respond to MTD, from Plaintiff Kevin Lamarr Andres. Non-compliance with local rule(s), Civ. L. Rule 7.1: Date noticed for hearing not in compliance with rules/documents are not timely, Civ. L. Rule 7.1: Lacking memorandum of points and authorities in support as a separate document, OTHER: Missing Certificate of Service. Nunc Pro Tunc 5/4/2015. Signed by the Chambers of Magistrate Judge Bernard G. Skomal on 5/5/2015.(All non-registered users served via U.S. Mail Service)(aef)
April 28, 2015 Filing 96 MOTION to Appoint Counsel, MOTION for Reconsideration re #92 REPORT AND RECOMMENDATION filed by J. Ramirez, Marshall, R. Olson by Kevin Lamarr Andres. Nunc Pro Tunc 4/27/2015 (aef)
April 28, 2015 Opinion or Order Filing 95 Notice of Document Discrepancies and Order Thereon by Magistrate Judge Bernard G. Skomal Accepting Document: Motion for Counsel & Reconsideration, from Plaintiff Kevin Lamarr Andres. Non-compliance with local rule(s), Civ. L. Rule 5.1: Missing time and date on motion and/or supporting documentation, Civ. L. Rule 7.1: Lacking memorandum of points and authorities in support as a separate document, OTHER: Missing Certificate of Service. Nunc Pro Tunc 4/27/2015. Signed by the Chambers of Magistrate Judge Bernard G. Skomal on 4/28/2015.(All non-registered users served via U.S. Mail Service)(aef)
April 15, 2015 Opinion or Order Filing 94 Notice of Document Discrepancies and Order Thereon by Magistrate Judge Bernard G. Skomal Rejecting Document: Declaration, from Plaintiff Kevin Lamarr Andres. Non-compliance with local rule(s), Supplemental documents require court order, OTHER: Opposition to Motion already on file. Report and Recommendation already filed as well. Responses to Reply briefs not permitted., Rejected document was returned to the filer. Signed by Magistrate Judge Bernard G. Skomal on 4/15/2015.(All non-registered users served via U.S. Mail Service)(aef) (Additional attachment(s) added on 4/15/2015: #1 Rejected Document) (aef).
April 14, 2015 Filing 93 MOTION to Dismiss Plaintiff's First Amended Complaint by Defendant Briggs by Briggs, Mr., Marshall, R. Olson, J. Ramirez. (Attachments: #1 Memo of Points and Authorities)(Snyder, Sylvie)Attorney Sylvie Plamondon Snyder added to party Briggs, Mr.(pty:dft) (aef).
April 9, 2015 Filing 92 REPORT AND RECOMMENDATION: Granting #82 Defendant's Motion to Dismiss. The undersigned Magistrate Judge recommends that Defendant Marshall's Motion to Dismiss be GRANTED. Plaintiff's Complaint against Defendants Olson, Ramirez and R.J. Donovan Correctional Facility should be dismissed without prejudice. No later than, May 13, 2015, after receiving a copy of this Report and Recommendation, any party to this action may file written objections with the Court and serve a copy on all parties. Any reply to the objections shall be filed with the Court and served on all parties by May 29, 2015. Signed by Magistrate Judge Bernard G. Skomal on 4/9/2015.(All non-registered users served via U.S. Mail Service)(aef)
March 31, 2015 Filing 90 Objection to Request for Judicial Notice #84 by Kevin Lamarr Andres. Nunc Pro Tunc 3/26/2015. (vam)
March 30, 2015 Filing 91 WAIVER OF SERVICE Returned Executed by Kevin Lamarr Andres, as to Mr. Briggs. (aef)
March 30, 2015 Opinion or Order Filing 89 Notice of Document Discrepancies and Order Thereon by Magistrate Judge Bernard G. Skomal Accepting Document: Objection to Judicial Notice/Supplemental Response, from Plaintiff Kevin Lamarr Andres. Non-compliance with local rule(s), Supplemental documents require court order. Nunc Pro Tunc 3/26/2015. Signed by Magistrate Judge Bernard G. Skomal on 3/30/2015.(All non-registered users served via U.S. Mail Service)(vam)
March 25, 2015 Filing 88 DOCUMENT FILED IN ERROR (No Document Attached) (aef). Modified on 3/26/2015-NEF regenerated (aef).
March 25, 2015 Opinion or Order Filing 87 ORDER ADOPTING IN PART AND REJECTING IN PART #52 REPORT AND RECOMMENDATION. The R & R is rejected insofar as it grants leave to amend, and adopted in all other respects. Defendants' #25 motion for summary judgment is granted. Plaintiff's claims are dismissed without leave to amend, but without prejudice to filing a new action after exhausting administrative remedies. Signed by Judge Dana M. Sabraw on 3/25/2015.(All non-registered users served via U.S. Mail Service)(aef)
March 25, 2015 Filing 86 REPLY - Other re #85 Response in Opposition to Motion to Dismiss First Amended Complaint filed by Briggs, Mr., Marshall, R. Olson, J. Ramirez. (Attachments: #1 Request for Judicial Notice, #2 Declaration)(Snyder, Sylvie) (aef).
March 16, 2015 Filing 85 RESPONSE in Opposition re #82 MOTION to Dismiss Plaintiff's First Amended Complaint filed by Kevin Lamarr Andres. Nunc Pro Tunc 3/12/2015. (aef)
March 16, 2015 Filing 84 REQUEST FOR JUDICIAL NOTICE by Marshall, R. Olson, J. Ramirez (Attachments: #1 Declaration)(Snyder, Sylvie) (aef).
March 16, 2015 Opinion or Order Filing 83 Notice of Document Discrepancies and Order Thereon by Magistrate Judge Bernard G. Skomal Accepting Document: Response in Opposition to Motion to Dismiss, from Plaintiff Kevin Lamarr Andres. Non-compliance with local rule(s), OTHER: Missing Certificate of Service. Nunc Pro Tunc 3/12/2015. Signed by the Chambers of Magistrate Judge Bernard G. Skomal on 3/16/2015.(All non-registered users served via U.S. Mail Service)(aef)
February 25, 2015 Filing 82 MOTION to Dismiss Plaintiff's First Amended Complaint by Marshall, R. Olson, J. Ramirez. (Attachments: #1 Memo of Points and Authorities, #2 Request for Judicial Notice, #3 Declaration)(Snyder, Sylvie) (dlg).
February 12, 2015 Opinion or Order Filing 81 Notice of Document Discrepancies and Order Thereon by Magistrate Judge Bernard G. Skomal Rejecting Document: Waiver of Summons, from Plaintiff Kevin Lamarr Andres. Non-compliance with local rule(s), OTHER: Summons Issued, Rejected document was returned to the filer. Signed by Magistrate Judge Bernard G. Skomal on 2/13/15.(All non-registered users served via U.S. Mail Service)(dls) (Additional attachment(s) added on 2/12/2015: #1 Rejected Document (Waiver of Summons)) (dls).
February 11, 2015 Opinion or Order Filing 80 ORDER finding as moot #73 Motion for Extension of Time to File. Plaintiff filed a "corrected" first amended complaint. Signed by Magistrate Judge Bernard G. Skomal on 2/11/15. (no document attached) (asz)
February 11, 2015 Filing 79 Summons Issued on Amended First (Corrected) Complaint. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. Summons will be mailed to plaintiffs not receiving notice electronically. (Attachments: #1 IFP Letter re Amended Complaint)(dls)
February 11, 2015 Filing 78 FIRST (Corrected) AMENDED COMPLAINT against C.O. Marshall, Mr. Briggs, filed by Kevin Lamarr Andres. NUNC PRO TUNC 2/6/2015.New Summons Requested. (dls) (per Chambers - file as amended complaint; Summons and IFP packet prepared and sent to Plaintiff).
February 11, 2015 Opinion or Order Filing 77 Notice of Document Discrepancies and Order Thereon by Magistrate Judge Bernard G. Skomal Accepting Document: Motion for Judicial Notice (t/w Complete & Corrected FAC & Exhibits), from Plaintiff Kevin Lamarr Andres. Non-compliance with local rule(s), Civ. L. Rule 5.1: Missing time and date on motion and/or supporting documentation, Civ. L. Rule 7.1: Briefs or memoranda exceed length restrictions. Nunc Pro Tunc 2/6/2015. Signed by the Chambers of Magistrate Judge Bernard G. Skomal on 2/10/15.(All non-registered users served via U.S. Mail Service)(dls)
February 11, 2015 Filing 76 MOTION for Order to Show Cause for a Preliminary Injunction and a Temporary Restraining Order by Kevin Lamarr Andres. NUNC PRO TUNC 2/6/2015. (dls)
February 11, 2015 Opinion or Order Filing 75 Notice of Document Discrepancies and Order Thereon by Magistrate Judge Bernard G. Skomal Accepting Document: Order to Show Cause, from Plaintiff Kevin Lamarr Andres. Non-compliance with local rule(s), Civ. L. Rule 5.1: Missing time and date on motion and/or supporting documentation, Civ. L. Rule 7.1: Lacking memorandum of points and authorities in support as a separate document, OTHER: Only the Judge may order a party to show cause. Nunc Pro Tunc 2/6/2015. Signed by the Chambers of Magistrate Judge Bernard G. Skomal on 2/10/2015.(All non-registered users served via U.S. Mail Service)(dls)
February 11, 2015 Opinion or Order Filing 74 Notice of Document Discrepancies and Order Thereon by Magistrate Judge Bernard G. Skomal Rejecting Document: Motion for IFP, from Plaintiff Kevin Lamarr Andres. Non-compliance with local rule(s), OTHER: IFP already granted, Rejected document was returned to the filer. Signed by the Chambers of Magistrate Judge Bernard G. Skomal on 2/10/2015.(All non-registered users served via U.S. Mail Service)(dls) (Additional attachment(s) added on 2/11/2015: #1 Rejected Document (Motion for IFP)) (dls).
February 5, 2015 Filing 73 MOTION for Extension of Time to File Official First Amended Complaint by Kevin Lamarr Andres. NUNC PRO TUNC 2/4/2015. (dls)
February 5, 2015 Opinion or Order Filing 72 Notice of Document Discrepancies and Order Thereon by Magistrate Judge Bernard G. Skomal Accepting Document: Motion for Extension of Time to File Official First Amended Complaint, from Plaintiff Kevin Lamarr Andres. Non-compliance with local rule(s), Civ. L. Rule 7.1: Date noticed for hearing not in compliance with rules/documents are not timely, Civ. L. Rule 7.1: Lacking memorandum of points and authorities in support as a separate document, OTHER: Miss certificate of service. Nunc Pro Tunc 2/4/2015. Signed bythe Chambers of the Hon. Magistrate Judge Bernard G. Skomal on 2/5/2015.(All non-registered users served via U.S. Mail Service)(dls)
January 27, 2015 Opinion or Order Filing 71 ORDER: 1) Granting Plaintiff's #68 Application for an Extension of Time to File Amended Complaint; 2) Denying Plaintiff's Request for an Example of an Amended Complaint re #70 Letter from Kevin Andres; 3) Denying Plaintiff's Request for Return of His Previously Filed Documents re ECF No. #65 Amended Complaint. Given the pending Report and Recommendation that may affect whether Plaintiff is allowed leave to amend his claim of excessive force against Defendant Marshall, good cause appears to grant Plaintiff's request. The Court will set a new deadline for Plaintiff to file his first amended complaint after the assigned district judge, the Honorable Dana M. Sabraw, issues a decision. Plaintiff also recently requested a copy of what an amended claim should look like (ECF No. #70 ). The Court is not able to provide parties with examples of amended complaints. Further, Plaintiff wants the Court to return the original documents he filed as "corrections to the original first amended claim." (ECF No. #65 ). None of these documents are necessary to file an amended complaint, therefore the Court declines to mail Plaintiff copies of the documents at this time. Signed by Magistrate Judge Bernard G. Skomal on 1/27/2015. (All non-registered users served via U.S. Mail Service)(dls)
January 26, 2015 Filing 70 Letter from Kevin Andres. NUCN PRO TUNC 1/23/2015 (All non-registered users served via U.S. Mail Service) (Main Document 70 replaced on 1/27/201 to upload file stamped copy of document; NEF regenerated) (dls).
January 26, 2015 Opinion or Order Filing 69 Notice of Document Discrepancies and Order Thereon by Magistrate Judge Bernard G. Skomal Accepting Document: Letter to Clerk, from Plaintiff Kevin Lamarr Andres. Non-compliance with local rule(s), OTHER: L.R. 77.2, request not grantable by the Clerk without further direction of the judge. Nunc Pro Tunc 1/23/2015. Signed by the Chambers of Magistrate Judge Bernard G. Skomal on 1/26/2015.(All non-registered users served via U.S. Mail Service) (Main Document 69 replaced on 1/27/2015 to upload file stamped copy of document; NEF regenerated) (dls).
January 26, 2015 Filing 68 MOTION for Extension of Time to Overcome Deficiencies on Amended Claim by Kevin Lamarr Andres. NUNC PRO TUNC 1/23/2015. (Main Document 68 replaced on 1/27/2015 to correct image; NEF regenerated) (dls).
January 26, 2015 Opinion or Order Filing 67 Notice of Document Discrepancies and Order Thereon by Magistrate Judge Bernard G. Skomal Accepting Document: Motion for Extension, from Plaintiff Kevin Lamarr Andres. Non-compliance with local rule(s), Civ. L. Rule 5.1: Missing time and date on motion and/or supporting documentation, Civ. L. Rule 7.1: Lacking memorandum of points and authorities in support as a separate document, OTHER: Missing Certificate of Service. Nunc Pro Tunc 1/23/2015. Signed by the Chambers of Magistrate Judge Bernard G. Skomal on 1/26/2015.(All non-registered users served via U.S. Mail Service)(dls)
January 23, 2015 Opinion or Order Filing 66 Notice of Document Discrepancies and Order Thereon by Magistrate Judge Bernard G. Skomal Rejecting Document: Request for Production of Documents, from Plaintiff Kevin Lamarr Andres. Non-compliance with local rule(s), OTHER: Discovery is not filed with the Court, Rejected document was returned to the filer. Signed by Magistrate Judge Bernard G. Skomal on 1/23/2015.(All non-registered users served via U.S. Mail Service)(dls) (Additional attachment(s) added on 1/23/2015: #1 Rejected Document (Request for Production of Documents)) (dls).
January 23, 2015 Filing 65 AMENDED COMPLAINT against Marshall, R. Olson, J. Ramirez, filed by Kevin Lamarr Andres. NUNC PRO TUNC 1/21/2015. (dls)
January 23, 2015 Opinion or Order Filing 64 Notice of Document Discrepancies and Order Thereon by Magistrate Judge Bernard G. Skomal Accepting Document: Amended Complaint, from Plaintiff Kevin Lamarr Andres. Non-compliance with local rule(s), OTHER: Missing certificate of service. Nunc Pro Tunc 1/21/2015. Signed by the Chambers of Judge Bernard G. Skomal on 1/23/2015.(All non-registered users served via U.S. Mail Service)(Modified on 1/23/2015 to correct judge association; NEF regenerated) (dls).
January 15, 2015 Filing 63 RESPONSE to Defendant's Objection to Amended Leave by Kevin Lamarr Andres. NUNC PRO TUNC 1/12/2015.(All non-registered users served via U.S. Mail Service)(dls)
January 15, 2015 Opinion or Order Filing 62 Notice of Document Discrepancies and Order Thereon by Magistrate Judge Bernard G. Skomal Accepting Document: Response to Objection to Amended Leave, from Plaintiff Kevin Lamarr Andres. Non-compliance with local rule(s), Supplemental documents require court order, OTHER: Missing Certificate of Service. Signed by Magistrate Judge Bernard G. Skomal on 1/15/2015.(All non-registered users served via U.S. Mail Service)(dls)
January 14, 2015 Filing 61 OBJECTION to Dismissal of Claim filed by Kevn Lamarr Andres re #58 ORDER: 1) Denying Plaintiff's Motion to Continue Summary Judgment Until After Discovery; 2) Denying Motion for Appointment of Counsel. NUNC PRO TUNC 1/12/2015. (dls)
January 14, 2015 Opinion or Order Filing 60 Notice of Document Discrepancies and Order Thereon by Judge Dana M. Sabraw Accepting Document: Obejction to Dismissal of Claim, from Plaintiff Kevin Lamarr Andres. Non-compliance with local rule(s), OTHER: Missing Certificate of Service. Signed by the Chambers of Hon. Judge Dana M. Sabraw on 1/14/2015.(All non-registered users served via U.S. Mail Service)(dls)
January 6, 2015 Opinion or Order Filing 59 Notice of Document Discrepancies and Order Thereon by Magistrate Judge Bernard G. Skomal Rejecting Document: Declaration from Plaintiff Kevin Lamarr Andres. Non-compliance with local rule(s), Supplemental documents require court order, Rejected document was returned to the filer. Signed by Magistrate Judge Bernard G. Skomal on 1/6/15.(All non-registered users served via U.S. Mail Service)(dls) (Additional attachment(s) added on 1/6/2015: #1 Rejected Document (Declaration)) (dls).
January 6, 2015 Opinion or Order Filing 58 ORDER : 1) Denying Plaintiff's Motion to Continue Summary Judgment Until After Discovery; 2) Denying Motion for Appointment of Counsel re Doc. No. #54 Motion for Continuance on Summary Judgment, Request for Counsel filed by Kevin Lamarr Andres. Plaintiff's motion to continue summary judgment is based on his understanding that discovery is an integral part of a case used to procure evidence. In this case, however, discovery is not appropriate because both parties produced significant documentation relating to Plaintiff's administrative grievances and an evidentiary hearing was held in state court on the same issue. Accordingly, the motion to continue summary judgment to allowdiscovery is denied. Further, because Plaintiff has not satisfied the stringent standards required for an appointment of counsel under 28 U.S.C. 1915(e)(1), his Motion for Appointment of Counsel must be denied without prejudice at this time. Finally, Plaintiff inquired as to whether the Court received his briefs filed regarding the request for judicial notice. The Court did receive the documents and they are filed as ECF Nos. #48 and #50 . Signed by Magistrate Judge Bernard G. Skomal on 1/6/15. (All non-registered users served via U.S. Mail Service)(dls)
January 6, 2015 Opinion or Order Filing 57 Notice of Document Discrepancies and Order Thereon by Magistrate Judge Bernard G. Skomal Rejecting Document: Amendments to Claim, from Plaintiff Kevin Lamarr Andres. Non-compliance with local rule(s), Civ. L. Rule 15.1: Amended pleading not complete in itself, OTHER: Plaintiff was directed to file a First Amended Complaint. The complaint must be complete in itself and not rely on or attempt to incorporate by reference previously filed complaints or documents. Plaintiff must abide by pleading standards and provide sufficient factual allegations to support his claim. Rejected document was returned to the filer. Signed by Magistrate Judge Bernard G. Skomal on 1/6/15.(All non-registered users served via U.S. Mail Service)(dls) (Additional attachment(s) added on 1/6/2015: #1 Rejected Document (Amendments to Claim)) (dls).
January 6, 2015 Opinion or Order Filing 56 Notice of Document Discrepancies and Order Thereon by Magistrate Judge Bernard G. Skomal Rejecting Document: Motion to Compel, from Plaintiff Kevin Lamarr Andres. Non-compliance with local rule(s), Civ. L. Rule 5.1: Missing time and date on motion and/or supporting documentation, Civ. L. Rule 7.1: Lacking memorandum of points and authorities in support as a separate document, OTHER: Discovery not permitted at this time. Signed by Magistrate Judge Bernard G. Skomal on 1/5/15.(All non-registered users served via U.S. Mail Service)(dls) (Additional attachment(s) added on 1/6/2015: #1 Rejected Document (Motion to Compel)) (dls).
January 5, 2015 Filing 55 Objection to Report and Recommendation re #52 REPORT AND RECOMMENDATION re #25 MOTION for Summary Judgment regarding plaintiff's failure to exhaust available administrative remedies filed by J. Ramirez, Marshall, R. Olson filed by Marshall, R. Olson, J. Ramirez. (Snyder, Sylvie) (dls).
December 18, 2014 Filing 54 MOTION for Continuance on Summary Judgment, REQUEST for Counsel by Kevin Lamarr Andres. NUNC PRO TUNC 12/11/2014. (dls)
December 18, 2014 Opinion or Order Filing 53 Notice of Document Discrepancies and Order Thereon by Magistrate Judge Bernard G. Skomal Accepting Document: Motion for Continuance on Summary Judgment (& Req for Attny), from Plaintiff Kevin Lamarr Andres. Non-compliance with local rule(s), Civ. L. Rule 5.1: Missing time and date on motion and/or supporting documentation, Civ. L. Rule 7.1: Lacking memorandum of points and authorities in support as a separate document, OTHER: Missing Certificate of Service. Signed by Magistrate Judge Bernard G. Skomal on 12/18/14.(All non-registered users served via U.S. Mail Service)(dls)
December 10, 2014 Opinion or Order Filing 52 REPORT AND RECOMMENDATION: to Grant Defendants' Motion for Summary Judgment and Dismiss Plaintiff's Claims without Prejudice re #25 MOTION for Summary Judgment regarding plaintiff's failure to exhaust available administrative remedies filed by J. Ramirez, Marshall, R. Olson. Having reviewed the matter, the undersigned Magistrate Judge recommends that Defendants' Motion for Summary Judgment be granted. Plaintiff's Complaint should be dismissed without prejudice and with leave to amend so long as Plaintiff fully and properly exhausts his administrative grievances prior to filing his amended complaint. It is hereby ordered that no later than, January 9, 2015, after receiving a copy of this Report and Recommendation, any party to this action may file written objections with the Court and serve a copy on all parties. The document shall be captioned "Objections to Report and Recommendation." It is further ordered that any reply to the objections shall be filed with the Court and served on all parties by January 26, 2015. Signed by Magistrate Judge Bernard G. Skomal on 12/10/14.(All non-registered users served via U.S. Mail Service)(dls)
December 3, 2014 Opinion or Order Filing 51 ORDER Granting Plaintiff Leave to Amend the Complaint re #21 Motion for Leave to File. Plaintiff is granted leave to amend. Plaintiff must file his First Amended Complaint on or before January 5, 2015. If the First Amended Complaint is not filed on or before January 5, 2015, the case will proceed with the original complaint as the operative complaint. Signed by Magistrate Judge Bernard G. Skomal on 12/3/14. (All non-registered users served via U.S. Mail Service)(dls)
November 17, 2014 Filing 50 RESPONSE to #47 Defendant's Request for Judicial Notice filed by Kevin Lamarr Andres. Nunc Pro Tunc 11/6/2014. (aef)
November 17, 2014 Opinion or Order Filing 49 Notice of Document Discrepancies and Order Thereon by Magistrate Judge Bernard G. Skomal Accepting Document: Response to Request for Judicial Notice, from Plaintiff Kevin Lamarr Andres. Non-compliance with local rule(s), OTHER: Missing Certificate of Service. Signed by Magistrate Judge Bernard G. Skomal on 11/17/2014.(All non-registered users served via U.S. Mail Service)(aef)
November 7, 2014 Filing 48 RESPONSE re #46 Objection filed by Kevin Lamarr Andres. (skh)
October 29, 2014 Filing 47 REQUEST FOR JUDICIAL NOTICE by Marshall, R. Olson, J. Ramirez Affecting Defendants' Motion for Summary Judgment Regarding Plaintiff's Failure to Exhaust Available Administrative Remedies (Snyder, Sylvie) (skh).
October 20, 2014 Filing 46 OBJECTION by Marshall, R. Olson, J. Ramirez re #45 Request for Judicial Notice . (Attachments: #1 Declaration of Linnea D. Piazza)(Snyder, Sylvie) (skh).
October 7, 2014 Filing 45 REQUEST FOR JUDICIAL NOTICE by Kevin Lamarr Andres filed nunc pro tunc 10/3/14. (All non-registered users served via U.S. Mail Service)(skh)
October 7, 2014 Opinion or Order Filing 44 Notice of Document Discrepancies and Order Thereon by Magistrate Judge Bernard G. Skomal Accepting Document: Judicial Notice, from Plaintiff Kevin Lamarr Andres. Non-compliance with local rule(s), Civ. L. Rule 5.1: Missing time and date on motion and/or supporting documentation, Civ. L. Rule 7.1: Lacking memorandum of points and authorities in support as a separate document, OTHER: missing Certificate of Service. Signed by Magistrate Judge Bernard G. Skomal on 10/7/14.(All non-registered users served via U.S. Mail Service)(skh)
August 14, 2014 Opinion or Order Filing 43 ORDER finding as moot #32 Motion for Extension of Time to File Response/Reply. Plaintiff has filed two oppositions, therefore his request for an extension is moot and his two oppositions will be considered by the court in its Report and Recommendation. Signed by Magistrate Judge Bernard G. Skomal on 8/14/2014. (All non-registered users served via U.S. Mail Service)(no document attached) (asz)
August 14, 2014 Opinion or Order Filing 42 Notice of Document Discrepancies by Magistrate Judge Bernard G. Skomal Rejecting Document: Objection and Response to Defendants Reply to Supplemental Opposition to Summary Judgment from Kevin Lamarr Andres. Non-compliance with local rule(s), OTHER: Fed.R.Civ.P. 7(a)(7), replies to answers (sur-replies) not permitted absent a Court Order. IT IS HEREBY ORDERED: The document is NOT to be filed, but instead REJECTED and it is ORDERED that the Clerk serve a copy of this order on all parties. Any further failure to comply with the Local Rules may lead to penalties pursuant to Local Rule 83.1. Signed by Magistrate Judge Bernard G. Skomal on 8/6/14.(All non-registered users served via U.S. Mail Service)(dlg)
July 29, 2014 Filing 41 RESPONSE to Defendant's Objection of Plaintiff's Evidence, filed by Kevin Lamarr Andres. Filed nunc pro tunc 7/23/14. (skh)
July 29, 2014 Filing 40 Notice of Document Discrepancies by Magistrate Judge Bernard G. Skomal Accepting Document: Response to Objection to Plaintiffs Evidence from Kevin Lamarr Andres. Non-compliance with local rule(s), OTHER: missing certificate of service. IT IS HEREBY ORDERED: The document is to be filed nunc pro tunc to date received.(All non-registered users served via U.S. Mail Service)(skh)
July 24, 2014 Filing 39 REPLY - Other re #38 Supplemental Document Opposition to Defendants' Motion for Summary Judgment Regarding Plaintiff's Failure to Exhaust Available Administrative Remedies filed by Marshall, R. Olson, J. Ramirez. (Snyder, Sylvie) (skh).
July 21, 2014 Filing 38 SUPPLEMENTAL DOCUMENT re #33 Response in Opposition to Motion by Kevin Lamarr Andres. Filed nunc pro tunc 7/8/14. (All non-registered users served via U.S. Mail Service)(skh)
July 21, 2014 Filing 37 Notice of Document Discrepancies by Magistrate Judge Bernard G. Skomal Accepting Document: Continuance Memorandum of Disputed Facts from Kevin Lamarr Andres. Non-compliance with local rule(s), Supplemental documents require court order. IT IS HEREBY ORDERED: The document is to be filed nunc pro tunc to date received.(All non-registered users served via U.S. Mail Service)(skh)
July 15, 2014 Filing 36 REPLY to Response to Motion re #25 MOTION for Summary Judgment regarding plaintiff's failure to exhaust available administrative remedies filed by Marshall, R. Olson, J. Ramirez. (Attachments: #1 Exhibit, #2 Objecton to Evidence and Outline of Plaintiff's Exhibits/Opposition, #3 Defendants' Response to Plaintiff's Statement of Disputed Facts)(Snyder, Sylvie) (aef).
July 7, 2014 Opinion or Order Filing 35 ORDER granting #34 Defendants' Application for an Extension of time to Reply to Plaintiff's Opposition to Defendants' Motion for Summary Judgment. (Re: Doc. #25 ) Defendants' request is GRANTED. Defendants' Reply will be due on or before July 17, 2014. Upon the filing of the reply, the motion will be taken under submission and decided on the papers. Signed by Magistrate Judge Bernard G. Skomal on 7/7/2014. (All non-registered users served via U.S. Mail Service)(aef)
July 3, 2014 Filing 34 Ex Parte MOTION for Extension of Time to File Response/Reply to Plaintiff's Opposition to Defendants' Motion for Summary Judgment by Marshall, R. Olson, J. Ramirez. (Attachments: #1 Declaration of Sylvie P. Snyder)(Snyder, Sylvie) (aef).
June 30, 2014 Filing 33 RESPONSE in Opposition re #25 MOTION for Summary Judgment regarding plaintiff's failure to exhaust available administrative remedies filed by Kevin Lamarr Andres. (Attachments: #1 cont., #2 cont., #3 cont.)(skh)
June 30, 2014 Filing 32 MOTION for Extension of Time to File Response as to #25 MOTION for Summary Judgment regarding plaintiff's failure to exhaust available administrative remedies by Kevin Lamarr Andres. Filed nunc pro tunc 6/20/14. (skh)
June 27, 2014 Filing 31 Notice of Document Discrepancies by Magistrate Judge Bernard G. Skomal Accepting Document: Motion for Extension of Time from Kevin Lamarr Andres. Non-compliance with local rule(s), Civ. L. Rule 5.1: Missing time and date on motion and/or supporting documentation, Civ. L. Rule 7.1: Lacking memorandum of points and authorities in support as a separate document, OTHER: missing Certificate of Service. IT IS HEREBY ORDERED: The document is to be filed nunc pro tunc to date received.(All non-registered users served via U.S. Mail Service)(skh)
June 13, 2014 Opinion or Order Filing 30 ORDER: (1) Denying as moot #9 Defendant's Motion to Dismiss; (2) Denying #15 Plaintiff's Motion to Appoint Counsel; (3) Denying as moot #17 Motion for Extension of Time to Supplement Opposition; (4) Granting #28 Motion for Extension of Time to File Opposition To Motion For Summary Judgment. Plaintiff must file his opposition on or before June 27, 2014. Defendants must file their reply within seven days of receiving the opposition. The hearing set for June 20, 2014 is vacated and the motion will be taken under submission and decided on the papers when the reply is filed. Signed by Magistrate Judge Bernard G. Skomal on 6/13/2014. (All non-registered users served via U.S. Mail Service)(jao)
June 11, 2014 Filing 29 RESPONSE in Opposition re #21 MOTION for Leave to File an Amended/Supplemental Complaint filed by Marshall, R. Olson, J. Ramirez. (Snyder, Sylvie) (skh).
June 3, 2014 Filing 28 MOTION for Extension of Time and Notice of Address Change by Kevin Lamarr Andres. Filed nunc pro tunc 5/27/14. (skh)
June 3, 2014 Filing 27 Notice of Document Discrepancies by Magistrate Judge Bernard G. Skomal Accepting Document: Motion for Extension of Time & Notice of Address Change from Kevin Lamarr Andres. Non-compliance with local rule(s), Civ. L. Rule 5.1: Missing time and date on motion and/or supporting documentation, Civ. L. Rule 7.1: Lacking memorandum of points and authorities in support as a separate document. IT IS HEREBY ORDERED: The document is to be filed nunc pro tunc to date received.(All non-registered users served via U.S. Mail Service)(skh)(jrd)
May 16, 2014 Opinion or Order Filing 26 Order providing notice pursuant of Motion for Summary Judgment to Klingele v. Eikenberry and Rand v. Rowland. The Court has set a hearing date for Defendant's motion on June 20, 2014, at 10:00 a.m. Any opposition by you (including any supporting papers) or notice by you of a decision not to oppose Defendant's motion must be filed with the court and served by you on the Defendant by June 6, 2014. The Defendant can then file papers in reply to your papers, and those papers have to be filed by Defendant with the court and served on you by June 13, 2014. Signed by Magistrate Judge Bernard G. Skomal on 5/16/2014.(All non-registered users served via U.S. Mail Service)(aef)
May 16, 2014 Filing 25 MOTION for Summary Judgment regarding plaintiff's failure to exhaust available administrative remedies by Marshall, R. Olson, J. Ramirez. (Attachments: #1 Memo of Points and Authorities in Support of Defendants' Motion for Summary Judgment, #2 Statement of Facts Separate Statement of Undisputed Material Facts in Support of Motion for Summary Judgment, #3 Declaration of R. Olson, #4 Declaration of D. Vanburen, #5 Declaration of J. Zamora, #6 Declaration of S. Snyder, #7 Rand Warning to Plaintiff Regarding Opposing Motion for Summary Judgment)(Snyder, Sylvie) (skh).
May 13, 2014 Opinion or Order Filing 24 Notice of Document Discrepancies by Magistrate Judge Bernard G. Skomal Rejecting Document: Motion for Admission of Evidence from Kevin Lamarr Andres. Non-compliance with local rule(s), Civ. L. Rule 5.1: Missing time and date on motion and/or supporting documentation, Civ. L. Rule 7.1: Lacking memorandum of points and authorities in support as a separate document, OTHER: duplicative. IT IS HEREBY ORDERED: The document is NOT to be filed, but instead REJECTED and it is ORDERED that the Clerk serve a copy of this order on all parties. Any further failure to comply with the Local Rules may lead to penalties pursuant to Local Rule 83.1. Signed by Magistrate Judge Bernard G. Skomal on 5/12/14.(All non-registered users served via U.S. Mail Service)(dlg)(av1).
May 7, 2014 Opinion or Order Filing 23 Notice of Document Discrepancies by Magistrate Judge Bernard G. Skomal Rejecting Document: Objection to Motion to Dismiss from Kevin Lamarr Andres. Non-compliance with local rule(s), OTHER: Duplicative - Plaintiff has already filed an opposition to Motion to Dismiss (ECF No. 11). IT IS HEREBY ORDERED: The document is NOT to be filed, but instead REJECTED and it is ORDERED that the Clerk serve a copy of this order on all parties. Any further failure to comply with the Local Rules may lead to penalties pursuant to Local Rule 83.1., Rejected document was returned to the filer. Signed by Magistrate Judge Bernard G. Skomal on 5/5/14.(All non-registered users served via U.S. Mail Service)(dlg)
May 7, 2014 Opinion or Order Filing 22 Notice of Document Discrepancies by Magistrate Judge Bernard G. Skomal Rejecting Document: First Request For Production from Kevin Lamarr Andres. Non-compliance with local rule(s), OTHER: L.R. 33.1(c), discovery documents not to be filed with the Court. Discovery not allowed at this stage of case. Case remains subject to dismiss at this time. IT IS HEREBY ORDERED: The document is NOT to be filed, but instead REJECTED and it is ORDERED that the Clerk serve a copy of this order on all parties. Any further failure to comply with the Local Rules may lead to penalties pursuant to Local Rule 83.1., Rejected document was returned to the filer. Signed by Magistrate Judge Bernard G. Skomal on 5/5/14.(All non-registered users served via U.S. Mail Service)(dlg)
May 7, 2014 Filing 21 MOTION for Leave to File Amended Complaint by Kevin Lamarr Andres. Nunc pro tunc 4/30/14. (dlg)
May 7, 2014 Opinion or Order Filing 20 Notice of Document Discrepancies by Magistrate Judge Bernard G. Skomal Accepting Document: Motion for Leave to File Amended Complaint from Kevin Lamarr Andres. Non-compliance with local rule(s), Civ. L. Rule 5.1: Missing time and date on motion and/or supporting documentation, Civ. L. Rule 7.1: Lacking memorandum of points and authorities in support as a separate document. IT IS HEREBY ORDERED: The document is to be filed nunc pro tunc to date received. Signed by Magistrate Judge Bernard G. Skomal on 5/5/14.(All non-registered users served via U.S. Mail Service)(dlg)
April 28, 2014 Filing 19 RESPONSE in Opposition re #17 MOTION for Extension of Time to File Supplement filed by Marshall, R. Olson, J. Ramirez. (Snyder, Sylvie) (skh).
April 28, 2014 Filing 18 NOTICE by Marshall, R. Olson, J. Ramirez of Decision in Albino v. Baca and Withdrawal of Portion of Defendants' Motion to Dismiss that Relates to Non-Exhaustion (Snyder, Sylvie) (skh).
April 15, 2014 Filing 17 MOTION for Extension of Time to File Supplement by Kevin Lamarr Andres. Filed nunc pro tunc 3/31/14. (skh)
April 15, 2014 Filing 16 Notice of Document Discrepancies by Magistrate Judge Bernard G. Skomal Accepting Document: Motion Request for Extension of Time to File Supplement from Kevin Lamarr Andres. Non-compliance with local rule(s), Civ. L. Rule 5.1: Missing time and date on motion and/or supporting documentation, Civ. L. Rule 7.1: Lacking memorandum of points and authorities in support as a separate document, OTHER: missing Certificate of Service. IT IS HEREBY ORDERED: The document is to be filed nunc pro tunc to date received.(All non-registered users served via U.S. Mail Service)(skh)
March 4, 2014 Filing 15 MOTION for a Attorney or Legal Assistance by Kevin Lamarr Andres. (Filed Nunc Pro Tunc 2/7/2014) (kcm).
March 4, 2014 Filing 14 SUR-REPLY and Denial to Defendant's Motion to Dismiss - re #13 Notice of Document Discrepancies (Yellow Discrepancy), filed by Kevin Lamarr Andres. (Filed Nunc Pro Tunc 2/7/2014) (kcm).
March 4, 2014 Opinion or Order Filing 13 Notice of Document Discrepancies by Magistrate Judge Bernard G. Skomal Accepting Document: Reply and Denial to Defendant's Motion to Dismiss; New Motion for Legal Assistance from Kevin Lamarr Andres. Non-compliance with local rule(s), Civ. L. Rule 7.1: Lacking memorandum of points and authorities in support as a separate document, OTHER: Fed.R.Civ.P. 7(a)(7), replies to answers (sur-replies) not permitted absent a Court Order. IT IS HEREBY ORDERED: The document is to be filed nunc pro tunc to date received. Signed by Magistrate Judge Bernard G. Skomal on 3/3/2014.(All non-registered users served via U.S. Mail Service)(kcm)
January 2, 2014 Filing 12 REPLY TO RESPONSE in Opposition re #9 MOTION to Dismiss Plaintiff's Complaint filed by Marshall, R. Olson, J. Ramirez. (Snyder, Sylvie) Modified text to reflect correct event on 1/3/2014 (jao).
December 19, 2013 Filing 11 RESPONSE in Opposition re #9 MOTION to Dismiss Plaintiff's Complaint filed by Kevin Lamarr Andres. Filed nunc pro tunc 12/13/13. (skh)
December 19, 2013 Filing 10 Notice of Document Discrepancies by Magistrate Judge Bernard G. Skomal Accepting Document: Opposition & Evidence of Exhaustion from Kevin Lamarr Andres. Non-compliance with local rule(s). IT IS HEREBY ORDERED: The document is to be filed nunc pro tunc to date received.(All non-registered users served via U.S. Mail Service)(skh)
December 5, 2013 Filing 9 MOTION to Dismiss Plaintiff's Complaint by Marshall, R. Olson, J. Ramirez. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of S. Snyder, #3 Declaration of R. Olson, #4 Declaration of D. Vanburen, #5 Declaration of J. Zamora)(Snyder, Sylvie)Attorney Sylvie Plamondon Snyder added to party Marshall(pty:dft), Attorney Sylvie Plamondon Snyder added to party R. Olson(pty:dft), Attorney Sylvie Plamondon Snyder added to party J. Ramirez(pty:dft) (skh).
October 30, 2013 Filing 8 SUMMONS Returned Executed by Kevin Lamarr Andres. J. Ramirez served. (dls)
October 30, 2013 Filing 7 SUMMONS Returned Executed by Kevin Lamarr Andres. Marshall served. (dls)
October 30, 2013 Filing 6 SUMMONS Returned Executed by Kevin Lamarr Andres. R. Olson served. (dls)
September 16, 2013 Filing 5 Summons Issued re #1 Complaint. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. Summons will be mailed to plaintiffs not receiving notice electronically. (Attachments: #1 IFP Letter)(aef)
September 16, 2013 Opinion or Order Filing 4 ORDER: (1) granting #2 Motion to Proceed in forma pauperis (2) denying #3 Motion to Appoint Counsel and (3) directing U.S. Marshal to effect service of Summons and Complaint pursuant to to Fed.R.Civ.P.4(c)(3) and 28 U.S.C. 1915(d). The Secretary CDCR, or his designee, is ordered to collect from prison trust account the $350 balance of the filing fee owed in this case by collecting monthly payments from the trust account in an amount equal to 20% of the preceding month income credited to the account and forward payments to the Clerk of the Court each time the amount in the account exceeds $10 in accordance with 28 USC 1915(b)(2). Signed by Judge Dana M. Sabraw on 9/16/2013. (Order electronically transmitted to Secretary of CDCR)(All non-registered users served via U.S. Mail Service)(IFP Package prepared)(aef)
July 24, 2013 Filing 3 MOTION to Appoint Counsel by Kevin Lamarr Andres. (skh)(av1).
July 24, 2013 Filing 2 MOTION for Leave to Proceed in forma pauperis by Kevin Lamarr Andres. (skh)(av1).
July 24, 2013 Filing 1 COMPLAINT with Jury Demand against All Defendants, filed by Kevin Lamarr Andres. (Filing fee $ 400.00; fee not paid; IFP filed) The new case number is 3:13-cv-1733-DMS-BGS. Judge Dana M. Sabraw and Magistrate Judge Bernard G. Skomal are assigned to the case.(skh) (av1).

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Search for this case: Andres v. Marshall et al
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Plaintiff: Kevin Lamarr Andres
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Defendant: C.O. Marshall
Represented By: Sylvie Plamondon Snyder
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Defendant: C.C. II. R. Olson
Represented By: Sylvie Plamondon Snyder
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Defendant: C.C.II J. Ramirez
Represented By: Sylvie Plamondon Snyder
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Defendant: Briggs, Mr.
Represented By: Sylvie Plamondon Snyder
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